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    « Simon Says | Main | Was Casey read her rights? »
    Friday
    Mar182011

    Judge Perry Rules - All Statements OK For Trial

    Yes, you read it right. WESH broke the news… On the motion regarding whether Casey was in custody when she was questioned by law enforcement… Nope! The defense had argued that she went from witness to suspect when Orange County Deputy Ryan Eberlin briefly handcuffed her at her mother’s request. She was placed in a patrol car but was soon released. 

    What this means is that nothing is suppressed and no one was an agent of the state.

    Read the orders here:

    ORDER DENYING MOTION TO SUPRESS STATEMENTS TO LAW ENFORCEMENT OFFICERS

    ORDER DENYING MOTION TO SUPPRESS STATEMENTS MADE TO GEORGE, CINDY, LEE ANTHONY, MAYA DERKOVIC, ROBYN ADAMS, AND SYLVIA HERNANDEZ

    One of the old sayings in the newspaper business is about old news. The video of Casey’s admission of being read her rights became moot today. The old saying goes like this:

    Yesterday’s news is at the bottom of today’s birdcage.

    I will address the rulings in a future post. Until then, I welcome your comments.

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    Reader Comments (75)

    EH~~ the real evidence in the Anthony case has had me mind boggled since August/08. At first, I did wonder if Caylee's death was accidental. Then it was, did Casey get mixed up with drug dealers and they took Caylee to punish her? The whole case, from the very beginning was like a roller coaster. Would you believe that, in the beginning, I thought Lenny Padilla was the greatest. I think his 'daisy chain' ended my romance with him.

    This case is like a long running soap opera and we wonder, what will tomorrow bring in the way of Breaking News or Bombshell?

    My daughter wants me to fly to Orlando and attend the trial. Her question, "Mom, what are you going to do when this trial is all over?" I have no desire to fly to Florida as I am scared of snakes, alligators and Dave Knechel. LOL

    March 19, 2011 | Registered CommenterSnoopySleuth

    I think the case is a slam dunk but enjoy the tennis match between the State and the Defence. As lopsided as it is.
    The problem is the State's case is almost too good to be true and they best beware. All it takes is one juror who thinks the bogeyman did it creates reasonable doubt. Or wants to believe the bogeyman did it so they don't have to put a young woman on death row.
    I still want to believe it was an accident and we are seeing the worst cover-up in history. Intellectually, I know that's a complete crock. Emotionally, I desperately want it to be true. For Caylee's sake alone.
    Absolutely would have believed it if Casey had started weeping and wailing when confronted by Cindy and threw herself at mercy of the police.
    Would she have got time? Absolutely, it's disgusting. But death row or life? Never.

    March 19, 2011 | Unregistered CommenterEH

    KATFISH,
    Don't buzz off! I wanted to thankyou for your kind words and positive thoughts the other night. It was very quiet in here after the judge had his say!!! Thanks again for telling me I shouldn't give up on humanity quite yet. You were right.............for now anyway!!!!! P.s. Why the name Katfish? I have lived by a river my whole life. Lots of catfish around here. I used to be amazed to watch as fishermen at the river would catch them with their hands and not get stung! I believe they called it "hoggin" fish back then.

    March 19, 2011 | Unregistered CommenterSageMom

    Snoop: Never for one second would I ever contemplate that Cpl. Melich would lie on the stand. Let me repeat that--never for one second.

    It seemed to me that the LDB argument was based on the fact that Casey had never been read her Miranda rights until Oct. 14; because there was no need to--she was not a murder suspect.

    Casey, of all the 'absolutely's' and all the other big words she likes to toss around, could not even pronounce Cpl. Melich's name correctly. Who knows who mirandized her? Or if she really was. Why should we suddenly believe her now. This would be what, the first time in her life she ever told the truth?

    Also, I believe someone mentioned it above and I also read it elsewhere--the 'tape' of Casey saying she was mirandized is not acceptable evidence because it can't be 'cross examined'. Casey, herself, would have to take the stand to verify it. I say, great, let's put her up there and let Jeff Ashton run a few questions by her.

    This is just my own opinion, based on my own understanding of the arguments that were presented. I was very uncomfortable with that tape coming out. I can't see why I shouldn't have a right to say it.

    At least I waited until it was all said and done. I was willing to wear whatever I had to--I'm just so relieved at how it all turned out.

    March 19, 2011 | Registered Commenternan11

    Katfish have you seen or heard of a new movie documentry called Catfish...Its about blogging on social network sites.It turns into a dark mystery story.True story or hoax..? undecided...............

    March 19, 2011 | Registered Commenterecossie possie

    Nan11, I would be the last person in the world to tell you that you do not have a right to your opinions. I think we both looked at that video from different perspectives. If I said anything in my comments, upthread, that may have been offensive, I sincerely apologize. I can assure you that it was not intentional. When Yuri was asked if he ever mirnandized Casey and he answered no, I took his answer to mean that he did not mirandize her at Universal not that he never ever mirandized her prior to Oct 14th.

    March 19, 2011 | Registered CommenterSnoopySleuth

    @ Dave, No problems with anyone here, I really didn't mean to sound snarky....Mr. katfish has had a couple bad days and I guess you could say I'm desperate for some stimulating conversation. I seemed to get no response the the comments I made on this post or the Was Casey Mirandized post so decided to move on.

    @EH, my response to your hypothetical is right below the long hypothetical you addressed to snoopy, although my response was to your comment with the short hypothetical ( in your comment about making a long hypothetical) inviting responses as to whether the mother or nanny were guilty.......no worries. :)

    March 20, 2011 | Registered Commenterkatfish

    Snoopy come on and be apart of this .Dave doesn't bite. We would love to see you in court. I have asked myself the same question your daughter did. I can my vegetables from my garden, so I hope the garden waits for the trial to finish. My next puzzler is how on earth Zahra Baker; dad is not having to take any hest for that little baby girl.

    March 20, 2011 | Registered Commentermargaret

    @ sagemom, Yes the place did clear out after the judge's ruling came down and I just kept on talking to myself on the miranda post....There are several other blogs I enjoy reading but only comment at a few. I used to visit message boards about cases prior to this one but people are just too mean for my taste.....I prefer people with a quick wit and a kind heart.

    Katfish because my name is Kathy Fisher....over 30 years ago I worked as an automotive service advisor for Sears. For a long time i was the only female in the garage and I guess 'Kathy" was too girly for the mechanics so they called me katfish....when it came time to choose a 'hat name' for commenting on message boards katfish seemed like a natural. :) I live about a half hour away from the Mississippi River and love love catfish. In these parts they call catching the catfish under the banks by hand 'noodling'. LOL Something you'll never see me do, hehe, but I can put a dewworm on a hook and fish with the best of them.
    Thanks for responding :)

    March 20, 2011 | Registered Commenterkatfish

    @ eccossie, No I haven't heard of that movie/documentary...dang, why did they have to name it catfish? lolol Is it in the theatres now? I'll look for it. Thanks for the heads up.

    March 20, 2011 | Registered Commenterkatfish

    This question may of been asked along time ago, but I will ask due to that I don't know the answer. Why did Casey never take a lie detector test??

    March 20, 2011 | Unregistered CommenterMissbrandy37

    katfish, I just left a comment for you at another post in here, was Casey read her rights or something like that. I had a hard time to get the page to load but it finally showed up, My bed is beckoning me so it will be goodnight to all. I may take tomorrow off from the blogosphere as it has been a long week. Nite nite...

    March 20, 2011 | Registered CommenterSnoopySleuth

    Sleep tight snoopy and enjoy a day off tomorrow. I replied to your comment on the previous post over there....."Was Casey Read her Rights?" kat

    March 20, 2011 | Registered Commenterkatfish

    Dave,
    Do you think the Anthonys will make a big Media Blitz once the verdict is read? I do. I think they will see it as an opportunity to make a pile of money, and get to express how they still think Casey is innocent. What do you think they will do? Just curious..

    March 20, 2011 | Unregistered CommenterHelen (MB)

    Helen, I think they will take advantage of any opportunity for interviews as long as it is favorable to them. As far as I have followed they must be financially in need and as far as opinions of their behavior there is not much more to come against them so I would think they may say, why not! Will they stay together, I doubt it. If they can bring in some money it would not surprise me if they go their separate ways, probably move away from the area, etc. What will Lee do? There will be opportunity for him to go to media also. Will they have a book, probably more than one. There is a story to be had from each and so I do not think they would combine it all in one. On another blog, there is a mention of a cancellation of the trial, what is that all about, anyone know?

    March 20, 2011 | Registered CommenterNew Puppy

    Case against Casey: Scoop about the shovel

    http://www.cfnews13.com/article/news/2011/march/221109/Case-against-Casey:-Scoop-about-the-shovel

    By Jacqueline Fell, Reporter
    Last Updated: Sunday, March 20, 2011 4:10 PM

    Thank you for the link, Janet. Jacqueline is a wonderful person, by the way. One of my favorites in town.

    March 20, 2011 | Registered CommenterJanet

    I wonder if this trial will ever go to a jury now? Since Judge Perry's ruling Friday the defense might be talking plea deal with the state now. It isn't too late is it? Would the State accept a life without parole deal or do you think they will go for the guilty verdict with the death penalty at all costs?
    Also, who has the final say on the defense side? Casey? Is so, then I bet it goes to trial, because she will never admit the truth. I am not certain of all her rights, but I bet someone will be able to shed some light on these questions for me. Thanks ahead of time.
    Great radio show by the way.

    March 20, 2011 | Unregistered Commenterdebwagstongue

    debwagstongue~~I honestly don't think the state will accept a plea and they will take this trial to the bitter end. The only way that they would consider a plea bargain is if they felt it would save the state a lot of money they don't seem to have in the cookie jar. I doubt if Casey would ever fess up to the murder because she would have to divulge everything. If you were to ask Casey why she doesn't plea, she would tell you she is not guilty because she has convinced herself that she did not do anything wrong.

    I think Baez and Mason have resigned themselves that their client will be found guilty of Murder One. Ann Finnell will do her utmost, in the penalty phase, to spare Casey from the lethal injection. JMO

    March 20, 2011 | Registered CommenterSnoopySleuth

    Hi Dave!
    I'm left with this question: Just what will the defense do now? They really don't have much left to use as Casey's defense. What do you think they will do at this point? A chance to plea has to be "offered" doesn't it? I do hope that you will talk about this. They've tried every trick in the book and nothing has worked so far...what next??

    Hi Helen - I don't know what game plan the defense will work on next. What's left? The Frye motions? I expect Mason to rewrite the Miranda motion and submit it again, but it won't work. Perry was quite succinct in his ruling and he offered up case law that substantiated his decision.

    Alas, all is not lost. There will be no plea deal because no one is offering one. To bench plea is worse than continuing the fight because it would be a guilty plea for capital murder and the judge could still sentence Casey to death. There's no advantage. Would they try to work out a deal with the state to drop the DP? They could try, but would they? Casey says she's innocent.

    March 21, 2011 | Unregistered CommenterHelen (MB)

    I do think Baez et al will just have to do what they can with the clay of Reasonable Doubt. Watching all this, especially over the last few hearing's-worth, I keep asking myself "Why did they just do that?" and that's about all I can make of their actions right now. A For Instance- Jose spent a lot of time with George, breaking him down, basically impeaching him (You'll do/say anything for your daughter line of questioning)- the thinking behind that was- what? This was only a hearing, but the impression I got was Jose just throwing his hands in the air- Yeah, this whole family is a bunch of liars and you can't trust a thing any of them say. To what end...

    March 21, 2011 | Registered CommenterKaren C.

    In response to EH hypothetical thats just it, its hypothetical (sorry) it would give a jury pause but i dont know if it'd garner reasonable doubt, being that your main part of the equation is still the 30 day's w/o telling anyone...????

    As to the succession of bitch slaps of everytihng the defense wanted tossed i just smile!! Knowing that they, in a calculating manner (IMO), had Strickland removed in hopes the entire case wouldve sank and then had Mason replace him in the hopes that Mason's past relationship may prove to be useful and therefore garnered some sort of favortism??

    Just funny

    March 21, 2011 | Unregistered CommenterBMan

    Hi BMan, there's no jury involved in the hypothetical. Even in the hypothetical world the police would be all over both of them.
    I pose the hypothetical more to show the embarrassment of riches that the State has by way of evidence against Casey.
    We rarely see a trial like this because it is the rare accused who doesn't put two and two together and come up pleading.

    March 21, 2011 | Unregistered CommenterEH

    Sorry EH, i totally missed how you were conveying it...but now i understand...almost the hypocricy of it all or no matter which way you try to dress up sh%T its still $hit...

    Not that i am expecting it, but it would be interesting if Baez wrote a book on his experience with this case and everything surrounding it...

    March 21, 2011 | Unregistered CommenterBMan

    BMan - come on over to Simon Says. Dave and I are having a friendly debate. I don't see how he could but also think he will. If that makes any sense.

    March 21, 2011 | Unregistered CommenterEH

    Dave I've been reading everything you've written about this case and have savored every word of it. You cannot write fast enough for me! Sorry to hear you're going away for a while. I also wanted to say to all of you here that your posts are the most thoughtful and intelligent about this case ANYWHERE on the internet. So thanks to you, Dave, and to all of you who have been posting!

    Thank you, PKR, your words are very kind and thoughtful, but I'm not going anywhere.

    March 21, 2011 | Unregistered CommenterPKR

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